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Pages Replaced by Supplement #40SUPPLEMENT NO. 40 February 2009 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2009-03, adopted January 22, 2009. See the Code Comparative Table for further information. Remove old pages Checklist of up-to-date pages 398.5-398.16.1 561-563 891, 892 2891 Insert new pages Checklist of up-to-date pages (following Table of Contents) 398.5-398.16.1 561-563 891-892.2 2891 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included. in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published. for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 134.3, 134.4 39 xi, xii 39 134.5, 134.6 39 xiii, xiv 39 135, 136 39 xv, xvi 36 137, 138 39 1 25 138.1, 138.2 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 28 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 11, 12 25 144.1, 144.2 36 13, 14 25 145, 146 36 15, 16 33 146.1 36 16.1 33 147, 148 32 17, 18 25 148.1 32 19 25 149, 150 29 65 38 151, 152 39 Supp. No. 39 [1] 3 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 39 401, 402 OC 155, 156 39 403 OC .156.1, 156.2 39 453 OC 156.3 39 455, 456 22 157, 158 35 507 22 159, 160 35 509, 510 33 160.1 35 511 22 161, 162 25 559 36 163, 164 36 561, 562 36 164.1 36 563 36 'i 165, 166 25 615 36 I 167, 168 25 617, 618 36 169 25 671 2 211 OC 673 24 213, 214 19 695 13 263 OC 697 13 265, 266 OC 723 24 267, 268 27 725, 726 33 269 27 727, 728 5 319 29 729 5 321, 322 17 777 OC 323, 324 33 779, 780 OC } 325, 326 32 781, 782 OC 326.1 32 783, 784 OC 327, 328 27 785, 786 OC 329, 330 36 787, 788 OC 331, 332 36 789 OC 332.1 27 839 OC 333, 334 32 889 39 335 32 891, 892 39 381 23 893, 894 39 383, 384 33 945 OC 385 24 947, 948 33 398.3, 398.4 7 997 OC ~ 398.5, 398.6 23 999, 1000 22 398.7, 398.8 23 1051 33 398.9, 398.10 23 1053, 1054 31 398.11, 398.12 33 1054.1, 1054.2 31 398:1_3; 39$.14 33 1054,3; 1054.4 31 398.14.1, 398.14.2 33 1055, 1056 36 398.15, 398.16 36 1057, 1058 33 398.16.1 36 1059, 1060 33 398.17, 398.18 33 1060.1, 1060.2 33 399, 400 OC 1060.3, 1060.4 33 Supp. No. 39 [2] I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793, 1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 1465, 1466 OC 2369, 2370 OC 1517 OC 2371, 2372 OC Supp. No. 39 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2373, 2374 33 2510.29, 2510.30 25, Add. 2375, 2376 33 2510.31, 2510.32 25, Add. 2377, 2378 33 2510.33, 2510.34 25, Add. 2379 33 2510.35, 2510.36 25, Add. 2479 9 2510.37, 2510.38 25, Add. 2481, 2482 23 2510.39, 2510.40 25, Add. 2483, 2484 23 2510.41, 2510.42 25, Add. 2484.1, 2484.2 35 2510.43, 2510.44 25, Add. 2485 35 2510.45, 2510.46 25, Add. 2486.1, 2486.2 23 2510.47, 2510.48 25, Add. 2486.3, 2486.4 33 25.10.49, 2510.50 25, Add. 2486:5, 24$6.6 33 25.10.51, 2510.52 25; Add. 2486.7 33 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503,2504 28 2619 38 2504.1, 2504.2 29 2819, 2820 36 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. i 2891 39 2510.15, 2510.16 25, Add. ~ 2933, 2934 25 2510.17; 2510,18 25, Add. ~ 2935; 2936 39 2510.19, 2510.20 25, Add. ~ 2937, 2938 39 2510.21, 2510.22 25, Add. 2938.1 39 2510.23, 2510.24 25, Add. 2939, 2940 37 2510.25, 2510.26 25, Add. ~ 2941, 2942 36 2510.27, 2510.28 25, Add. 2943, 2944 39 Supp. No. 39 [4] l CHECKLIST OF UP-TO-DATE, PAGES Page No. Supp. No. 2945, 2946 39 2947, 2948 39 2949, 2950 36 2951, 2952 39 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 36 Supp. No. 39 ~5~ i t i F i BUILDINGS AND BUILDING REGULATIONS § 6-111 upon which such certificate was granted shall be promote the general health, safety and welfare of turned over to the building inspector whose re- the public, to protect property values and to assist sponsibility it shall be to determine, from time to in the safe, economic, and aesthetic development time as the project is in progress and finally upon of business: its completion, that there have been no unautho- rized deviations from the evidence upon which (1) Property value protection. Signs should the granting of the certificate of appropriateness not create a nuisance to the occupancy or was originally based. The building inspector shall use of other properties as a result of their not issue a certificate of occupancy for any build- size, height, brightness or movement. They ing or structure where there have been any devi- should be in harmony with buildings, the ations from the certificate of appropriateness which neighborhood and other conforming signs in the area. has been granted. (Code 1970, § 6-38) (2) Communication. Signs should not deny other persons or groups the use of sight Secs. 6-61-6-71. Reserved. lines on public rights-of--way, should not obscure important public messages and should not overwhelm readers with too ARTICLE IV. RESERVED* many messages. Signs can and should help individuals to identify and under- Secs. 6-72-6-109. Reserved. stand the jurisdiction and the character of its subareas. ARTICLE V. SIGNS AND OUTDOOR (3) Preservation of community's beauty. Small DISPLAYS' residential municipalities such as this rely heavily on their natural surroundings and Sec. 6-110. Purpose and scope of regula- beautification efforts to retain their unique tions. character. This concern is reflected by the active and objective regulations of the (a) In General. The purpose of this chapter is appearance and design of signs. to establish regulations for the systematic control (Ord. No. 31-2001, § 1, 10-25-O1) of signs and advertising displays within the Vil- lage of North Palm. Beach. The regulations and Sec. 6-111. General provisions. requirements as herein set forth are intended to preserve the residential character of the Village of (A) Criteria for appearance. North Palm Beach by controlling size, location and use of signs in all zoning districts within the (1) Wall signs shall be part of the architec- Village. It is further intended to protect and tural concept of the building. Size, color, lettering, location and arrangement shall *Editor's note-Section 3 of Ord. No. 4-90, adopted Mar. be harmonious with the building design. 8, 1990, repealed former Art. IV "Contractors," which con- tained s-72-s-81 and 6-89-6-99. The repealed provisions (2) Ground signs shall be designed to be derived from Code 1970, § 10-1-10-11, and Ord. No. 19-82, compatible with the architecture of the 1-s, adopted Oct. 14, 1982. building. The same criteria applicable to 1'Editor's note-Ord. No. 24-93, § 1, adopted Oct. 14, wall signs shall apply to ground signs. 1993, repealed the provisions of former Art. V, 6-111-6- 13s, relative to signs and outdoor displays, and § 2 of said (3) Identification signs of a prototype design ordinance enacted a new Art. V to read as herein set out in shall conform to the criteria for building s-111-s-117. The provisions of former Art. V derived from Ord. No. 10-80, adopted May 22,1980; Ord. No. 32-80, adopted and ground signs. Oct. 23, 1980; Ord. No. 7-85, adopted May 9, 1985; Ord. No. (4) Materials used in signs shall have good 1-88, adopted Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and Ord. No. 19-89, adopted Sept. 14, 19s9. architectural character and be harmoni- Crossreferences-Appearance plan, App. A; zoning, App. ous with the building design and surround- C. ing landscape. Supp. No. 23 398.5 § 6-111 NORTH PALM BEACH CODE (5) Every sign shall be designed so as to .have described herein. Any increase in the height visual relationship to buildings and sur- or size of a sign or setback thereof in the roundings. granted variance shall .not exceed thirty (5) Colors shall be used harmoniously and (30) percent of the requirements of this with restraint. Excessive brightness and code. brilliant colors shall be avoided. Lighting (2) The board of adjustment shall hear and shall be harmonious with the design.. If rule on all applications for variance to external spot or flood lighting is used, the this Code. All the provisions of Article III, light fixtures and light source shall be Chapter 21 of the Village Code, shall arranged so that the light source is shielded apply to applications for variance to this from view. code. (7) All permanent signs shall comply with (3) All applications for variances to regula- the requirements and .procedures of the Lions established by this article shall-b~ - - Village Appearance Code. filed with the building official upon a form (B) Relationship to building and electrical codes. supplied by the village. The application These sign regulations are intended to comple- shall be accompanied by a filing fee of one went the requirements of the building and elec- hundred fifty dollars ($150.00). trical codes adopted by the village. Wherever there is inconsistency between these regulations (F) Enforcement. The building official may inl- and the building or electrical code, the more tiate action before the code enforcement board of stringent requirements shall apply. the village to obtain compliance with this code. (C) Nonconforming signs. All building wall sign (G) Maintenance. ) structures, awning signs, pole sign structures and ground sign structures erected within the village (1) All. signs, including their supports, braces, that do not conform to the terms of this code shall guys and anchors, electrical parts and conform by October 14, 2003, or be removed from lighting fixtures, and all painted and dis- the premises. A face change on a building wall play areas, shall be maintained in accor- sign, awning sign, pole sign or ground sign will dance with the building and electrical not require the sign to conform. All other signs codes adopted by the village, and shall and outdoor displays shall conform within thirty present a neat and clean appearance. The (30) days of the effective date of this article. A vegetation around the base of ground signs nonconforming sign may not be enlarged or al- shall be neatly trimmed and free of un- tered to increase its nonconformity. Should any sightly weeds, and no rubbish or debris nonconforming sign be damaged by any means to that would constitute a fire or health an extent of more than fifty (50) percent of its hazard shall be permitted under or near replacement .cost at the time of damage, it shall the sign. not be reconstructed or repaired except in confor- mity with the provisions of this article. (2) Any sign now or hereafter existing which no longer advertises a bona fide business (D) Appeals and review. The applicant may file conducted or a product sold shall be taken ~ an appeal to the village council on any ruling by down and removed by the owner, agent or ' the planning commission as to this Sign Code in person having the beneficial use of the accordance with section 6-35 of the Village Code. building or structure upon which .sign (E) Variance. may be found within ten (10) days after written notification from the building of- (l) Permanent sign. Dimensional restrictions ficial. Upon failure to comply with such outlined in this Code or viewing obstacles notice within the specified time in such shall be considered the only grounds of a order, the building official is hereby au- hardship for appeal from the regulations thorized to cause removal of such sign and ~ Supp. No. 23 398.6 i BUILDINGS AND BUILDING REGULATIONS § 6-111 any expenses incident thereto shall be Erect a sign. To construct, reconstruct, build, paid by the owner of the building or relocate, raise, assemble, place, affix, attach, structure to which said sign is attached. create, paint, draw, or in any other way bring (H) Definitions. into being or establish a sign but it shall not include any of the foregoing activities when Accessory sign. A permanent ground orbuild- performed as an incident to routine mainte- ing wall sign that is permitted under this Code nance. as incidental to an existing or proposed use of Frontage. The length of the property line of land. any one parcel along the main street on which Advertising. Sign copy intended to directly it borders. or indirectly promote the sale or use of a Ground sign. A sign that is supported by a product, service, commodity, entertainment, or three (3) foot high maximum base. The sign real or personal property. and base shall be monolithic, shall generally Awning. An architectural projection that pro- have a columnar line and shall essentially have vides weather protection, identity and/or deco- the same contour from grade to top. A sign ration and is wholly supported by the building which is independent of any building for sup- towhich it is attached. An awning is comprised port. of a lightweight, rigid or retractable skeleton over which an approved cover is attached. Harmful to minors. With regard to sign content, any description or representation, in Awning sign. A sign painted on, printed on whatever form, of nudity, sexual conduct, or or attached flat against the surface of the sexual excitement, when it: awning. (1) Predominately appeals to the pruri- Back Zit awning. An internally illuminated ent, shameful, or morbid interest of awning with translucent covering. minors in sex, and Building wall sign. A sign displayed upon or (2) Is patently offensive to contempo- attached to any part of the exterior of a build- rary standards in the adult commu- ing, including walls, windows, doors, parapets, nity as a whole with respect to what awnings and roof slopes of forty-five (45) de- is suitable sexual material for mi- grees or steeper. nors, and Changeable copy sign. A sign which is visible (3) Taken as a whole, lacks serious lit- from outside a building and which is character- erary, artistic, political, or scientific ized by changeable copy, regardless of method value. of attachment of the copy. The term "harmful to minors" shall also in- Commercially developed parcel. A parcel of clude any non-erotic word or picture when it: property on which there is at least one walled and roofed structure used, or designed to be (1) Is patently offensive to contempo- used, for other than residential or agricultural rary standards in the adult commu- nity as a whole with respect to what purposes. is suitable for viewing by minors, Copy. The linguistic or graphic content of a and sign. (2) Taken as a whole, lacks serious lit- Directional sign. An on premises sign de- erary, artistic, political, or scientific signed to guide or direct pedestrians or vehic- value. ular traffic. Height of a sign. The height of a sign shall be Electric sign. Any sign containing electric measured as the vertical distance from the wiring. finished grade, excluding berms, at the base of Supp. No. 23 398.7 § 6-111 NORTH PALM BEACH CODE the supporting structure to the top of the sign, Painted wall sign. A sign painted on a wall or its frame or supporting structure, whichever or on any other surface or part of a building or is higher. structure. Illuminated sign. A sign which contains a Parcel. A unit of land within legally estab- source of light or which is designed or arranged lished property lines. If, however, the property to reflect light from an artificial source includ- lines are such as to defeat the purposes of this ing indirect lighting, neon, incandescent lights, Code or lead to absurd results, a "parcel" may back-lighting, and shall also include signs with be as designated for a particular site by the reflectors that depend upon automobile head- building official. lights for an image. Permanent. Designed, constructed and in- Logo. Any symbol, trademark, picture or tended for more than short term use. other graphic representation which is used to signify or identify the particular business or Pole sign.. A sign supported permanently organization. upon the ground by poles or braces and not attached to any building. Marquee. A structure projecting from and Portable sign. Any sign which is manifestly completely supported by a building and which designed to be transported by trailer or on its extends beyond the building. line or property own wheels, including such signs even though line and fully or partially covers a sidewalk, the wheels may be removed and the remaining public entrance or other pedestrian way. chassis or support structure converted to an A Multiple occupancy complex. A commercial or T frame sign and attached temporarily or use, i.e. any use other than residential consist- permanently to the ground. ing of a parcel of property, or parcel of contig- Roof line. A horizontal line intersecting the uous properties, existing as a unified or coor- highest point or points of a roof. dinated project, with a building or buildings housing more than one occupant. Roo f sign. A sign placed above the roof line of a building or on or against a roof slope of less Neon tube sign. A sign electrically lighted by than forty-five (45) degrees. exposed tubes containing inert gas and visible from outside of a building. Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, ban- Nonconforming sign. A sign existing at the ner or pennant, balloon, search light, or other effective date of the adopting of this article device which is used to announce, direct atten- ~I which could not be built under the terms of this tion to, identify, advertise or otherwise make article. anything known. The term sign shall not be Occupant (occupancy). The use of a building deemed to include the terms "building" or "land- or structure, or any portion thereof for commer- soaping," or any architectural embellishment cial transactions. of a building not intended to communicate information. Off site /premise sign. A sign advertising an Sign face. The part of a sign that is or may be establishment, merchandise, service or enter- used for copy. tainment, which is not sold, produced, manu- factured or furnished at the property on which Sign face area. The area of any regular said sign is located. geometric shape which contains the entire sur- face area of a sign upon which copy may be Outline neon lighting. An arrangement of placed. electric discharge tubing to outline or call at- tention to certain features such as the shape of Sign structure. Any construction used or a building or the decoration of a window. designed to support a sign. Supp. No. 23 398.8 i BUILDINGS AND BUILDING REGULATIONS § 6-112 Street. A public or private right-of-way for greater than three (3) feet above ground. vehicular traffic, including highways, thorough- Only one (1) such sign shall be allowed at fares, lanes, roads, ways, and boulevards. each point of ingress and egress, provided Temporary sign. A sign which is intended to such signs do not create a traffic or pedes- advertise community events, civic projects, po- trian hazard. (See section 6-116(D)) No litical candidacy, political issues, real estate for names or logos permitted. sale or lease or other special events on a short (C) Signs necessary to promote health, safety term basis. and welfare, and other regulatory, statu- Unit. That part of a multiple occupancy tort', traffic control or directional signs complex housing one occupant. erected on public property with permis- TTehicle sign. A sign. of any nature attached Sion as appropriate from the State of to, affixed in any manner or painted on a motor Florida, the United States, the County of vehicle or trailer. Palm Beach, or the Village of North Palm Beach. (I) Permits. (1) A sign shall not hereafter be erected, (D) Legal notices and official instruments. constructed, altered or maintained except (E) Decorative flags and bunting fora cele- as provided in this Code, until after a bration, convention, or commemoration of permit for the same has been issued in significance to the entire community when accordance with the permitting proce- authorized by the village manager for a dures of the building code. period, not to exceed thirty (30) days. (2) Fees. Fees shall be based on the construc- (F) Holiday lights and decorations, erected tion valuation as set forth in the building during the appropriate holiday season, code. shall comply with all building and electri- (3) Exemption. Temporary signs are exempt cal codes. Holiday lights and decorations from the requirement of obtaining aper- may be erected no earlier than four (4) mit or paying a fee, but they shall be weeks prior to the subject holiday with subject to the other provisions of this the exception of the Christmas/Hanukkah chapter. holidays. Christmas/Hanukkahlfghts and (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, decorations maybe erected no earlier than 8-11-94; Ord. No. 10-99, § 1, 2-11-99) October 15th. All holiday lights and deco- rations must be removed within two (2) Sec. 6-112. Exempt signs. weeks following the holiday. The following signs are exempt from the oper- (G) Merchandise displays behind storefront ation of these sign regulations, and from the windows so long as no part of the display requirement in this Code that a permit be ob- moves or contains flashing lights. twined for the erection of permanent signs, pro- vided they are not placed or constructed so as to (H) Memorial signs or tablets, names of build- create ahazard of any kind: ings and dates of erection when cut into (A) Signs that are not designed or located so any masonry surface or when constructed as to be visible from any street or adjoin- of bronze or other incombustible materi- ing property. als and attached to the surface of a build- (B) Parking area directional signs may be ing. erected at each point of ingress and egress (I) Signs incorporated into machinery orequip- to aparking lot or parking area. Such went by a manufacturer or distributor, signs shall not exceed two (2) square feet which identify or advertise only the prod- inbackground area nor extend to a height uct or service dispensed by the machine or Supp. No. 23 398.9 § 6-112 NORTH PALM BEACH CODE equipment, such as signs customarily af- (7) Outline neon lighting used on commer- fixed to newspaper racks, telephone booths, cially developed parcels for commercial and gasoline pumps. purposes. (J) Advertising and identi "tying signs located (8) Signs, commonly referred to as wind signs, on taxicabs, buses, trailers, trucks, vehi- consisting of one or more banners, flags, cles or vehicle bumpers, subject to the pennants, ribbons, spinners, streamers or regulations of section 6-113(B)(23) of this captive balloons, or other objects or mate- Code. rial fastened in such a manner as to move (K) Public warning signs to indicate the dan- upon being subjected to pressure by wind. gers of trespassing, swimming, animals or (9) Signs that incorporate projected images, similar hazards. emit any sound that is intended to attract (L) Works of art that do not constitute adver- attention, or involve the use of live ani- tsrig. mals. - - - (M) Signs carried by a person. (10) Signs that emit audible sound, odor, or visible matter such as smoke or steam. (N) Religious displays. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001, (11) Signs or sign structures that interfere in § 1, 8-23-01) any way with free use of any fire escape, emergency exit, standpipe, or that ob- Sec. 6-113. Prohibited signs. struct any window to such an extent that light or ventilation is reduced to a point (A) Generally. It shall be unlawful to erect or below that required by any provision of \ keep any sign not expressly authorized by, or this Code or other ordinance of the vil- ) exempted from, this Code. lage. (B) Specifically. The following signs are ex- (12) Signs that resemble any official sign or pressly prohibited unless exempted by section marker erected by any governmental 6-112 of this Code or expressly authorized by agency, or that by reason of position, shape section 6-114, or section 6-115 of this Code: or color, would conflict with the proper (1) Signs that are in violation of the building functioning of any traffic sign or signal, or code or electrical code adopted by the illumination that may be reasonably con- village. fused with or construed as, or conceal, a traffic-control device. (2) Any sign that constitutes a safety hazard. (13) Signs that obstruct the vision of pedestri- (3) Blank temporary signs. ans, cyclists, or motorists traveling on or (4) Signs with visible moving, revolving, or entering public streets. rotating parts or visible mechanical move- (14) Non-governmental signs that use the words went of any description or other apparent "stop," "look," "danger," or any similar visible movement achieved by electrical, word; phrase, or symbol. electronic, or mechanical means, except (15) Signs, within ten (10) feet of public right- for traditional barber poles. of--way or one hundred (100) feet of traffic- ~ (5) Signs with the optical illusion of move- control lights, that contain red or green went by means of a design that presents a lights that might be confused with traffic pattern capable of giving the illusion of control lights. motion or changing of copy. (16) Signs that are of such intensity or bril- (6) Signs with lights or illuminations that liance as to cause glare or impair the flash, move, rotate, scintillate, blink, flicker, vision of any motorist, cyclist, or pedes- or vary in intensity or color. trian using or entering a public way, or / Supp. No. 23 398.10 BUILDINGS AND BUILDING REGULATIONS § 6-113 that are a hazard or a nuisance to occu- utes on a commercially zoned prop- pants of any property because of glare or erty and on which the business being other characteristics. advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or (18) Searchlights used to advertise or promote 2. In the case of corner lots, is a business or to attract customers to a parked within the front two- property. thirds of the area between the side building line and the side (19) Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or 3. Is parked within thirty (30) feet any portion of any sidewalk or street, of any street right-of--way. except house numbers and traffic control signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or waste receptacles. (25) Portable signs as defined by this code. (21) Signs erected on public property, or on (26) Marquee sign as defined by this code. private property (such as private utility poles) located on public property, other (27) Roof sign as defined by this code. than signs erected by public authority for (28) Changeable copy sign as defined by this public purposes. code. (22) Signs erected over or across any public Exceptions: street except as may otherwise be ex- a. Sign for public, charitable, and reli- pressly authorized by this Code, and ex- gious institutions. cept governmental signs erected by or on the order of the village manager. b. Motor vehicle service station signs; provided, however, that said signs (23) a. Vehicle signs with a total sign area m,e: on any vehicle in excess of ten (10) 1. Limited to a maximum of twent square feet, when the vehicle is y parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- 1. Is parked for more than sixty tion. (60) consecutive minutes within 2. Changeable copy is limited to one hundred (100) feet of any price of fuel and the words "cash" street right-of--way; and and "credit." 2. Is visible from the street right- 3. The maximum height of change- of-way that the vehicle is within able numbers shall be twelve one hundred (100) feet of; and (12) inches. 3. Is parked on commercially zoned c. Signs in P-Public District. property; (29) Painted wall sign as defined by this code. b. Vehicle signs visible from any street (30) Neon tube sign located inside or outside a right-of--way with a total sign area building and as defined by this code. less than or equal to ten (10) square feet, when the vehicle is parked for (31) Off site/premise sign as defined in this more than sixty (60) consecutive min- code. Supp. No. 33 39s.11 § 6-113 NORTH PALM BEACH CODE } ~ (32) Signs placed on boats or watercraft that struetion is discontinued for a period are located on public or private property of mare than sixty (60) days, the other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license num- initiation or continuation of construe- ~ begs. tion activities. I (33) Time-Temperature-Date Signs. c. Ta announce or advez•tise such tem- ~ (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, porary uses as grand openings, car- ~ 8-18-94; Ord. No. 37-97, § 1, 8-2$-97; Ord. No. nivals, revivals, sporting events, or 12-2000, § 1, 4-27-00) any public charitable, educational or i religious event or function. Such mes- ~ Sec. 8-114. Permitted temporary signs. sage shall not be displayed more i than thirty (30) days prior to the 1 (A) Where allowed. Temporary signs are al- event or function and shall be re- ~ lowed throughout the village, subject to the re- _moved within two (2)_working days_ strictions imposed by this section and other rele- after the .special event. Approval of vant parts of this Code. Temporary signs do not the size and locations of the signs by require a building permit. the department of community devel- (B) Sign types allowed. A temporary sign may opment is required. be a pole, ground Dr building wall sign, but may d. Political sign. Nothing shall be con- not be an electric sign. strued to regulate the content or (C) Removal of illegal temporary signs. Any internal design of a political sign. temporary sign not complying with the require- Signs advertising political events and ments of this section is illegal and subject to functions shall not be displayed more immediate removal by the village forces. than thirty (30) days prior to the event or function and shall be re- - (D) Restrictions on content of temporary signs. moved not more than seven (7) cal- A temporary sign may display any message so endar days following the event or long as it is not: fimction advertised by the sign. Cam- (1) Harmful to minors as defined by this P~~ signs shall not be displayed Code. more than thirty (30) days prior to the candidate qualifying for office or (2) Advertising as defined by this Code, ex- issue being voted upon and shall be cept that advertising for the following removed within seven (7) days fol- purposes may be displayed: lowing the election a. To indicate that an owner, either (E) Permissible sire, height and number of personally or through an agent, is temporary signs. actively attempting to sell, rent or lease the property on which the sign (1) .One-family and two-family residences. A is located. parcel an which is located a single one- b. To identify construction in progress. family or two-family residence may dis- Such message shall not be displayed play not more than one temporary sign more than sixty (60) days prior to with a sign area of not more than five (5) the beginning of actual construction square feet. No sign shall exceed five (5) of the project, and shall be removed feet in height. Front setback shall be ten when construction is completed. If a (10) feet and side setback shall be three message is displayed pursuant to (3) feet. this section, but construction is not (2) Multi-family residences. Aparcel on which initiated within sixty (60) days after is located amulti-family residence may the message is displayed, or if con- display not more than one (1) temporary Supp. No. 33 398.12 I BUILDINGS AND BUILDING REGULATIONS § 6-115 sign with a sign area of not more than located on the premises where the sign is thirty-two (32) square feet. No individual erected or a commercial message related sign shall exceed eight (8) feet in height. to the business and located on the busi- Front setback shall be ten (10) feet and ness premises. The noncommercial mes- side setback shall be three (3) feet. sage may occupy the entire sign face or (3) On all other parcels. All other parcels may portion thereof. The sign face may be display not more than one (1) temporary changed from commercial to noncommer- sign with an aggregate sign area of not cial messages as frequently as desired by more than sixteen (16) square feet. No the owner of the sign, provided that the sign shall exceed eight (8) feet in height. size and design criteria conform to the applicable portions of this code, the sign is (4) All areas. Three (3) temporary political allowed by this code, the sign conforms to signs, each not exceeding five (5) square the requirements of the applicable zoning feet in sign area and not more than five designation and the appropriate permits (5) feet in height, may be displayed on a are obtained. For the purposes of this sign parcel. code, noncommercial messages, by their (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, very nature, shall never be deemed off § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. premises. No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, § 2.C.2, 11-9-06) (C) Permissible nztmber, area, spacing and height of permanent accessory signs. Sec. 6-115. Permitted permanent accessory (1) Ground signs: signs. a. Multi-family buildings with more (A) Sign types allowed. A permanent accessory than four (4) dwelling units. sign may be a ground or building wall sign. Number -One (1) maximum. (B) Content. A permanent accessory sign may only display any combination of the following, Sign Area -Maximum thirty-two none of which may be harmful to minors as (32) square feet. defined in this Code. Height -Eight (8) feet maximum. (1) Letters depicting the name of the building Set back, Nlinimum -Ten (10) feet or the name of the building occupant. front -three (3) feet side. (2) Letters depicting the nature of the busi- b. Commercial occupancy: ness and that are a maximum of fifty (50) Number -One sign per parcel right- percent of the height of the letters in of--way frontage maximum. paragraph (B)(1) of this section. Sign Sign Sign Face (3) A logo symbol for the building or the Setback Height Area building occupant which does not exceed Minimum Maximum Maximum fifty (50) percent of the allowable sign 5 ft. 8 ft. 30 sq. ft. area. 10 ft. 8 ft. 36 sq, ft. 20 ft. 10 ft. 40 sq. ft. (4) Street address number and/or name. 30 ft. 10 ft. 45 sq. ft. (5) Noncommercial message. Notwithstand- ing anything contained in other sections (2) Building wall signs: of the Code of the village to the contrary, a. Subject to the design criteria of this any sign erected pursuant to the provi- article, the maximum mounting sions of this code may, at the option of the height of a building wall sign shall applicant, contain either a noncommer- be eighteen (18) feet, except that on cial message unrelated to the business a building of more than two (2) sto- Supp. No. 33 398.13 § 6-115 NORTH PALM BEAOH GO?E vies, a single building wall sign is of the facade area if the front build- allowed above eighteen (1~) feet fat- ing setback is one hundred feet (100) ing each public street frontage. minimum. b. Each multiple occupancy complex Exception: An occupant that has may display one (1) permanent ac- building facade area facing multiple cessory building wall identification public street frontages may have one sign facing each public street front- (1) full size wall sign facing a public age on the principal building in which street frontage and one-half (~/z) size ~ the complex is located, not to exceed wall sign facing the other street front- . ages. a sign area of twenty (20) square feet. (D) Directional signs. One (1) parking area directional sign may be erected at each point of c. Each occupant of a multiple occu- ingress and egress to a parking lot or parking panty complex- that has a licensed area: Such signs shall not exceed two (2) square building frontage which has direct feet in background area nor exceed three (3) feet ground level walk-in access from a in height. Such signs shall not create a traffic or public or private roadway or side- pedestrian hazard. (See section 6-112(B)). walk may display one (1) permanent accessory building wall .sign on any (E) Signs at entrances to residential develop- exterior portion of the complex that ments. is part of the occupant's unit (not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- area), and that has a maximum sign dential developments. .area of five (5) percent of the facade j area if the front building setback is (2) Restrictions. twenty-five (25) feet minimum, seven a. One (1) sign is permitted at only one (7) percent of the facade area if the (1) entrance into the development front building setback is seventy (70) from each abutting street. The sign feet minimum and ten (10) percent may be a single sign with two (2) of the facade area if the front build- faces of equal size or may be two (2) ing setback is one hundred {100) feet single-faced structures of equal size minimum. Exception: An occupant located on each side of the entrance. that has building facade area facing No face of the sign shall exceed thirty- multiple public street frontages may two (32) square feet in size, and may have one (1) full size wall sign facing be illuminated in a steady light only. a public street frontage and aone- b. When considering the placement of half size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. nent accessory wall sign on the prin- c. 1 he planning commission shall en- cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, or some other twenty-five (25) feet minimum, seven person who is legally .accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (70) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- Supp. No. 33 398.14 BUILDINGS AND BUILDING REGULATIONS § 6-116 sponsibility to maintain the signs (3) Height-Color. All street numbers shall and no other provision has been made be a minimum of three (3) inches in height for the maintenance of them, the on residential buildings and a minimum signs shall be removed by the devel- of six (6) inches on commercial buildings. oper or owner. Maximum height of all street numbers shall be eight (8) niches. All street num- (F) Flags. bers shall be a sharply contrasting color (1) Number. Not more than three (3) flags or with the building. insignias of governmental, religious, char- itable, fraternal or other organizations (4) Maintenance. It shall be the duty of the maybe permanently displayed on any one owner of the building to maintain the parcel of land. numbers on the building in good condi- tion. (2) Size. The maximum distance from top to bottom of any flag or flags shall be thirty (I) Signs in P Public Zoning District. (30) percent of the total height of the flag (1) Type-On premise, wall and ground signs. pole, or in the absence of a flag pole, thirty (30) percent of the distance from the top of (2) Number-Such number as shall be per- the flag or insignia to the ground. The witted by the village council, in its discre- maximum height of a flag pole within the tion, to assist in the administration and R-1 single-family dwelling district and operation of the village and its various the R-2 multiple-family dwelling district governmental, recreation and proprietary shall be twenty (20) feet. The maximum operations. height of a flag pole within the R-3 apart- ment dwelling district and all non-resi- (3) Size-Height-Location. Shall be no dential zoning districts shall be thia-ty- greater than the signs allowed in adjacent five (35) feet. zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional tify the location of underground utility lines and signs are permitted: Locational and direc- facilities, high voltage lines and facilities, and tional signs at outdoor public recreation other utility facilities and appurtenances are per- park and sporting events which may in- mitted so long as they do not exceed three (3) feet elude advertising logo of the entity spon- in height, and so long as the sign face does not soring the activity or event being held on exceed one-half (~/2) square foot. publicly owned property, including, but not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affi.Yed to benches with direction and ball washing the building or the premises upon which facilities at each tee. the building is located that it is both visible and legible from the public street. (J) Strings of white light bulbs. Strings of white light bulbs may be permanently permitted (2) Commercial buildings. Every commercial to outline buildings and decorate trees on com- building with a wall facing an alley shall mercially developed property provided that such have each individual tenancy street num- display does not interfere with neighboring land ber affixed to the building above or next to uses. A building permit is required. the rear door serving each tenancy so that (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the number is both visible and legible 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. from the alley. The street numbers shall 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, be reflective. 10-25-O1; Ord. No. 2008-01, § 2, 1-10-08) Supp. No. 36 398.15 § 6-116 NORTH PALM BEACH CODE j Sec. 8-118. Measurement determinations. (2) ,Special situations. (A) Facade area. The facade area shall be (a) Where two (2) sign faces are placed measured by determining the area within atwo- back to back and are at no point dimensional geometric figure coinciding with the more than three (3) feet apart, it edges of the walls, windows, doors, parapets, shall be counted as one sign. marquees, and roof slopes of greater than forty- (b) If a sign has four {4) faces arranged five (45) degrees that form a side of a building or in a square, rectangle or diamond, it unit. shall be counted as two (2) signs. (B) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its g1e, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. _ _ _ circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) time points or edges of the sign face. Sec. 6-117. Design, construction, and loca- (l) Special situations, tion standards. (a) Where a sign is composed of letters (A) Generally. AlI permanent signs must ~om- attached directly to a facade, win- ply with the following design, construction and dow, door, or marquee, and the let- location standard. ters are not enclosed by a border or (B) Compliance with building and electrical I trimming, the sign area shall be the i area within the smallest rectangle, codes required. All permanent signs, and the parallelogram, triangle, circle or semi- illumination thereof, shall be designed, con- circle, the sides of which touch the strutted and maintained in conformity with ap- extreme points of the letters or pit- plicable provisions of the building and electrical tares. codes adopted by the village. I (b) Where two (2) sign faces are placed (C) Illumination standards. back to back on a single sign strut- (1) All illuminated signs shall be internally tare, and the faces are at no point lighted and only by electricity. more than four (4) feet apart, the (2) All electric wiring shall be installed in area of the sign shall be counted as conduit and concealed. The conduit shall the area of one (1) of the faces. be installed underground in accordance {c) Where three (3) or more sign faces with the village electric code. are arranged in a square, rectangle, (3) Electrically lighted signs shall be auto- or diamond, the area of the sign matically controlled to be disconnected shall be the area of the two (2) larg- daily at midnight or at the close of busi- est faces. ness if the advertised closing is later than midnight. (G) Number of signs. (4) Sign lighting may not be designed or (1) Generally. In general, the number of signs located to cause confusion with traffic .shall be the number of non-contiguous lights. sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all (D) Placement standards. the sign faces are included in the geomet- (1) In right-of--way. Supports for signs or sign ric figure used for determining the sign structures .shall not be placed in or upon a area. public right-of--way or public easement. Sapp. No. 36 398.16 1 BUILDINGS AND BUILDING REGULATIONS § 6-117 (2) Over right-of--way. No ground sign shall project over a public right-of--way. Supp. No. 36 398.16.1 i t COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL and rough areas during the period from one (1) hour after sunset to one Sec. 9-1. Premises-General regulations. (1) hour before sunrise each day. b. Other areas at the North Palm Beach No person, other than village employees or Country Club, including the club- persons authorized by the village, on the premises house, tennis facilities, swimming of the North Palm Beach Country Club, including pool area and winter club except the North Palm Beach Country Club Golf Course, during daylight hours and during tennis club and tennis facilities, driving range, the hours of one (1) hour after sunset swimming pool area, dining room, bar, winter and one (1) hour before sunrise as club facilities and all other premises included the premises are lighted and use within the property acquired by the village as thereof has been expressly approved part of the North Palm Beach Country Club, both by the village for the country club under the original purchase and under the option restaurant, bar facilities, swimming by which it acquired the tennis club area, shall: pool area, tennis courts, golf course, driving range and the winter club. (1) Disfiguration and/or removal of building The opening and closing hours for and other property. such latter areas shall be posted at a. Willfully mark, deface, disfigure, in- the main entrance to the facilities jure, tamper with or displace or re- for public information. One (1) hour move any building, paving or paving after sunset and one (1) hour befar-e materials, lawn, sod, water line ar sunrise, all portions of the North other public utilities, parts of appur- Palm Beach Country Club which are tenances thereof, signs, notices or not lighted and permitted for use as placards, whether temporary or per- described above shall be closed to manent, or any other structures, the public, and no person or persons equipment, facilities or country club shall walk or be upon any portion of property or appurtenances thereto, the country club premises which is either real or personal. closed to the public during those hours. b. Dig or remove or disfigure any of the (Ord. No. 5-80, § 1, 3-13-80} tee areas, fairways, greens or rough Editor's note-Ordinance No. 5-$0, § 1, adopted Mar. 13, on the North Palm Beach Country 19$0, amended the Cade with the addition of a new § 9-21. Club Golf Course. However, in order to maintain Code format, the editor has redesignated the provisions as § 9-1. c. Damage, cut, carve, transplant or remove any tree or plant or injure Sec. 9-2. Same-Signs; enforcement; penal- the bark or pick the flowers or seeds ties. of any tree or plant. Nor shall any person attach any rope, wire or any (a) The village manager shall place appropri- contrivance to any tree or plant. A ate signs advising the public of the closing of person shall not dig in or otherwise country club facilities at each entrance to the disturb grassy areas or in any other North Palm Beach Country Club and at each of way injure or impair the natural the North Palm Beach Country Club facilities beauty ar usefulness of any area. main entrances. (2) Hours. Be physically present on: (b) All employees at the North Palm Beach Country Club and the public safety department a. The golf course at the Village of and public safety office at the village shall, in North Palm Beach Country Club, connection with their duties imposed by law, including all tees, fairways, greens diligently enforce the provisions of sections 9-1 Supp. No. 36 561 § 9-2 NORTH PALM BEACH CODE and 9-2. The North Palm Beach Country Club ber from the village men's golf association and 1Vlanager and all persons employed at the North one (1) advisory board member from the village Palm Beach Country Club shall have the author- women's golf association. As to the remaining ity to reject from the country club premises any regular members; one (1) shall be non-resident person acting in violation of sections 9-1 and 9-2. golf member of the country club and one (1) shall The North Palm Beach Public Safety Department be a resident golf member of the country club. and any North Palm Beach Public Safety Officer shall have the authority to enforce sections 9-1 (b) Terms. and 9-2 and to arrest any persons trespassing (1) Upon initial appointment of the advisory upon the country club property in violation of the board members, the two (2) association hours of use and other provisions of sections 9-1 representatives shall serve until April 30, and 9-2. 2009. Thereafter, these members shall (c) Penalties. Violation of any provision of this serve terms of one (1) year. Code section shall be punished as provided in (2) Upon initial appointment of the advisory - section 1-8 of this Code. board members, the three (3) remaining (Ord. No. 5-80, § 2, 3-13-80) regular members shall serve until April Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, 30, 2010. Thereafter, these members shall 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the serve terms of two (2) years. provisions have been redesignated as § 9-2. (3) Upon initial appointment of the advisory board members, the two (2) alternate mem- I Secs. 9-3-9-15. Reserved. bers shall serve until April 30, 2009. There- after, these members shall serve terms of ARTICLE II. GOLF ADVISORY BOARD" one (1) year. (4) Any appointment to fill any vacancy of a Sec. 9-16. Creation. advisory board member shall be for the remainder of the unexpired term. The village council hereby creates a golf advi- sory board to serve in an advisory capacity. Un- (c) Officers. At the first organizational meet- less otherwise provided in this section, the advi- ing, the advisory board shall elect a chairperson, sory board shall operate in accordance with section vice-chairperson and a secretary from among its 2-1 of this Code. members to serve until NIay 2009. Thereafter, (Ord. No. 2007-20, § 3, 12-13-07) officers shall be selected as provided in subsection 2-1(j) of this Code. Sec. 9-17. Composition and terms. (Ord. No. 2007-20, § 3, 12-13-07) (a) Composition. The village council shall ap- Sec. 9-18. Meetings. I point five (5) regular members and two (2) alter- nate members to serve on the advisory board. The The advisory board shall schedule at least one council shall appoint one C1) advisory board mein- (1) regular meeting per month. In addition, spe- cial meetings may be called by the chairperson or xFrLitpr'g nete-Ord. No. 2007-20, 2; 3, adopted Dec. by written notice signed by three (3) regular ~ 13, 2007, repealed the former Art. II, 9-16-9-21, and enacted a new Art. II as set out herein. The former Art. II members by providing at least forty-eight (48) pertained to similar subject matter and deiwed from Ord. No. hours' netlce. 39-90, 1-5, 7, adopted Nov. 19, 1990; Ord. No. 33-91, § 1, (Ord. No. 2007-20, § 3, 12-13-07) adopted Oct. 24,1991; Ord. No. 1$-93, 1, 2, adopted July 22, 1993; Ord. No. 43-97, § 1, adopted Oct. 9,1997; Ord. No. 23-98, § 1, adopted Sept. 24, 1998; Ord. No. 4-99, 1-7, adopted SeC. 9-19. Dutles. Jan. 28, 1999; Ord. No. 12-2001, § 1, adopted NIay 10, 2001; Ord. No. 18-2001, § 2, June 28, 2001; Ord. No. 20-2002, § 1, The advisory board shall be advisory only and June 13, 2002. shall have no final authority with respect to the 1 Supp. No. 36 562 ~I 1 i COUNTRY CLUB § 9-32 country club golf operations. The duties of the golf advisory board shall be established by resolution of the village council. (Ord. No. 2007-20, § 3, 12-13-07) Secs. 9-20-9-31. Reserved. ARTICLE III. FINANCES Sec. 9-32. Delinquent accounts; penalties. (a) Effective November 1, 1971, all past-due charges for goods or services purchased at the country club shall carry a penalty of one and one-half (l~/z) percent of the amount due for each thirty (30) days the account is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or mare. (b) Effective November 1, 1971, all past-due membership fees at the country club shall carry a penalty of one and one-half (l~/z) percent of the amount past due for each thirty (30) days the membership fee is past due on all accounts where the past-due indebtedness is ten dollars ($10.00} or more. (c) All billings for membership fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment, with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in paragraphs (a) and (b} of this section, any person whose account for membership fees or for goods and services purchased at the country club is delinquent beyond two (2) billing periods shall have his membership privileges suspended at the country club and shall no longer be entitled to purchase goods and services or to utilize the facilities at the country club until he has brought his account current. (Code 1970, § 10.5-40; Ord. No. 211-70, § l; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) [The next page is 615] Supp. No. 36 563 i~ I HEALTH AND SANITATION § 1~-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secs. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and. in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE'•` (Code 1970, § 18-41) DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. Secs. 14-16-14-22. Reserved. All property within the village which is im- proved by a structure for which a certificate of DIVISION 2. GARBAGE COLLECTION AND occupancy is issued after February first of any DISPOSAL year and for which- garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and Sec. 14-23. Definition. trash during the remainder of that calendar year As used in this division, "commercial garbage" in which the certificate of occupancy is issued: shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the prepa- (1) One- and two-family homes, four dollars ration, use, cooking and dealing in, or storage of and twenty-three cents ($4.23) per dwell- meats, fish, fowl, fruits or vegetables, and any ing unit per month, or fraction thereof. other matter of any nature whatsoever which is subject to decay and the generation of noxious or (2) Dwellings of three (3) units or more, four dollars and twenty-three cents ($423) per offensive gases or odors, or which, during or after unit per month, or fraction thereof. Where decay, inay serve as breeding or feeding material a dwelling of three (3) or more units is a for flies or other germ-carrying insects. condominium and the condominium asso- (Code 1970, § 18-1) ciation or the developer of the condomin- Cross reference-Rules of construction and definitions generally, § 1-2. ium notifies the director of public works, garbage and trash fees shall be billed to Sec. 14-24. Garbage cans-Required. the individual owners of condominium units. Garbage containers at each commercial estab- lishmentwithin the village and at each multifam- (3) For commercial establishments, four dol- ily dwelling which contains three (3) or more Lars and twenty-three cents ($4.23) per units shall provide dumpster-type garbage con- month, or fraction thereof. tamers which can be collected by village garbage (Code 1970, § 18-49; Ord. No. 2-74, § 1; Ord. No. vehicles using the dumpster collection method. 2006-24, § 2.E.1, 11-9-06) (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) Sec. 14-28. Same-Fee for excess amounts Sec. 14-25. Same-To be kept covered. from commercial establishments. All commercial garbage cans shall be kept tightly covered at all times, except ~,vhen neces- In the event any commercial establishment has sary to lift the covers for the purpose of depositing more than two (2) cubic yards of garbage at any garbage in the garbage can or for the purpose of one (1) pickup, the occupant thereof shall pay one emptying such garbage into a garbage truck. dollar ($1.00) per cubic yard for all garbage col- (Code 1970, § 18-24) lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six Cross reference-Refuse disposal divisions, § 2-85(e). (6) cubic yards of garbage picked up during any Supp. No. 39 $91 § 14-28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one Total square feet is as determined by the Palm dollar ($1.00) per cubic yard for all garbage col- Beach County Property Appraiser. lected in excess of six (6) cubic yards per week. (Code 1970, § 18-48) (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the Sec. 14-23. Same-When and where paid. property charged. The fees shall be billed. to the property owner of record as shown on the county All payments required by this division shall be tax rolls. Failure to pay the fees when due may made to the village by the fifteenth of the month result in the discontinuance of the waste removal for which service is rendered. All delinquent ac- service and/or the placing of a lien by the village counts are subject to stoppage of service without council in the amount of the fees due against the notice. If a delinquent account is not paid within property to which service is available, and/or thirty (30) days, the director of public works shall action by the village code enforcement board. cease all. refuse collection for that account unless _ otherwise directed by the village manager. Ser- (4) The collection of .garbage and trash by a vice shall be resumed thereafter only upon pay- private person, .firm, or corporation hired for such went of the accumulated fees for the period of purpose is prohibited except where dumpsters of collection and the period of noncollection unless greater than two-cubic-yard capacity are used. i the village manager specifically directs otherwise. (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, The stoppage of service herein authorized for 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. nonpayment of collection charges shall be in ad- 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; dition to the right of the village to proceed for the Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1, collection of such unpaid charges in a manner 9-28-00; Ord. No. 29-2002, § 1, 10-10-02; Ord. No. provided by law. 2006-20, § 2, 9-28-06; Ord. No. 2006-28, § 2, (Code 1970, § 18-53; Ord. No. 2-74, § 2; Ord. No. 12-14-06; Ord. No. 2007-21, § 2, 12-13-07; Ord. j 2006-24, § 2.E.2, 11-9-06) No. 2008-16, § 2, 10-23-08) Sec. 14-3Q. Commercial use property waste Secs. 14-31-14-36. Reserved. disposal fees and collection pro- cedures. DIVISION 3. RESERVED* (1) For purposes of this section, com2nercial Secs. 14-37-14-63. Reserved. use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village- ARTICLE III, RESERVED owned property and other property used for gov- ernmental purposes. Secs. 14-64-14-78. Reserved. (2) Annual disposal fees for garbage and trash and all other refiise collected by the Village of North Palm Beach shall be charged as herein provided, except as otherwise slated. Occupancy Category Fee per Square Foot Low $ 0.068 Medium 0.181 High 0:967 '`Editor's note-Ord. No. 2008-15, § 2, adopted Oct. 23, 2005, repealed Div 3, 14-37-14-52, which pertained to abandoned, inoperative and junked property and derived from Occupancy category is as determined by the Palm 23-15, 23-16, and 23-18-23-30 of the 1970 Code and Ord. Beach County Solid Waste Authority. No. 7-73. Supp. No. 39 892 I CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54(3) 2007-13 7-12-07 1, 2 2-1 2007-16 10-25-07 2 Added App. C, § 45-16.1 2007-17 10-25-07 2 Added 2-166(1)d. 2007-19 12-13-07 2, 7 18-34 3 2-173 2007-20 12-13-07 2 Rpld 9-16-9-21 3 9-16-9-19 2007-21 12-13-07 2 14-30(2) 2008-01 1-10-OS 2 6-115(F) 2008-02 1-10-OS 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6-10-8 Rnbd 10-9 as 10-6 Dltd 10-10 Rnbd 10-13 as 10-7 4 Rpld 10-58-10-64 3 10-76 Rpld 10-77 2008-04 1-24-08 2 5-83 5-85 2008-06 2-28-08 2 Added 19-11 2008-07 4-10-08 2 36-23 2008-09 8-28-OS App. D 2008-15 10-23-08 2 Rpld 14-37-14-52 3 Rpld 14-79-14-83 Added 14-79-14-83 2008-16 10-23-OS 2 14-30 2008-17 11-13-08 2 2-4 2008-18 11-13-08 2-5 2-159-2-162 [The next page is 2933] Supp. No. 39 2891 4 .